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HomeMy WebLinkAbout12/28/1987 Council Minutes (2)1 1 COUNCIL MEETING DECEMBER 28, 1987 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:15 P.M., December 28, 1987. Council Members present: Marier, Bisel, Bohjanen, Reinert. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Building Inspector, Pete Kluegel and Clerk - Treasurer, Marilyn Anderson were also present. City Administrator, Randy Schumacher was absent. CONSIDERATION AND APPROVAL OF MINUTES Mr. Marier moved to approve the minutes of December 14, 1987 as presented. Mr. Bisel seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS Mr. Bohjanen moved to approve the Disbursements of December 28, 1987 as presented. Mr. Reinert seconded the motion. Motion carried unanimously. OPEN MIKE Mr. Frank Jusczak. 895 Birch Street addressed the Council on the matter of his semi -truck and trailer. Mr. Jusczak is an over - the -road truck driver and owns his own truck. He explained at the time he purchased his property from the Pudwells it was explained that he wanted sixteen acres so that he could keep his truck at home. Now he has received warnings from the Building Inspector indicating that it is unlawful to keep the truck and trailer on his property. He is asking the Council for a permit to construct a building to house the truck and trailer. Mr. Kluegel read the City Code regarding the parking of large trucks on residential property noting that although Mr. Jusczak is allowed to build a building large enough to house the truck it is still illegal to park the truck in the building. Mr. Bisel felt that this is a real problem for Mr. Jusczak. This is his occupation and he would like to park the truck on his property where he can protect it and its contents. Mr. Kluegel explained that Mr. Jusczak is not the only resident with this problem. Mr. Jusczak noted that his area is open and more rural in nature. Mayor Benson explained that the City has received proposals for development in his area and it appears that in the near future there could be a lot of development. PAGE 1 121 122 COUNCIL MEETING DECEMBER 28, 1987 Mayor Benson told Mr. Jusczak that since this matter is brought under Open Mike, no action will be taken tonight but will be placed on a future agenda. Mr. Bisel said he would like to see if some solution can be worked out to accommodate certain cases in certain situations. Mayor Benson asked the Administrator to place this on the next Council agenda. Mr. Kluegel was asked to put together a report noting other areas where such problems exist. RICE CREEK WATERSHED DISTRICT PROPOSED NEW STANDARDS (NUTRIENT REMOVAL OF WATER IN HOLDING PONDS. 509 PLAN) ANDY CARDINAL Mr. Cardinal told the Council that the 509 Plan has been approved by all the city councils within the RCWD with a few exceptions. He introduced Engineer Bill Weidenbacher to the Council and indicated that Mr. Weidenbacher would answer any questions the Council may have concerning the Plan. Mr. Weidenbacher explained that a number of city councils had questions about the 509 Plan especially the nutrient removal portion of the Plan. The RCWD held a meeting on this matter on December 1, 1987 and a number of misunderstandings on water quality and the requirements for rectifying water quality were addressed. The RCWD adopted some clarifying changes to the Plan at this meeting. Mr. Weidenbacher gave the Council a written revision to the of the Plan that should clarify water quality for councils. He also read a portion of the revision. Mr. Weidenbacher explained that RCWD will take about six to eight months to give final approval to the Plan. City councils will then be required to prepare a comprehensive ,water management plan for their city and this plan will have to address nutrient removal. Then all permitting and regulation will be given to the local governments with a few exceptions. Mr. Stahlberg told the Council that Lino Lakes has started to put together its water management plan. The Flood Plain Ordinance and the Shoreland Management Ordinance are in place but explained water run -off management will require a major effort. He also noted that Lino Lakes will be required to provide a plan that makes an attempt to remove nutrients before the water is discharged into a major waterway. Mr. Weidenbacher explained that nutrient removal is more of an art than a science and RCWD will be providing PAGE 2 1 1 1 1 1 COUNCIL MEETING DECEMBER 28, 1987 guidelines for cities to use. He also noted that these guidelines may change from time to time. There was discussion regarding funding of the required City Plan. Mr. Weidenbacher read the legislation requiring cities to prepare their own plan and allowing cities to levy the costs outside of the levy limits. Mayor Benson and Mr. Reinert felt this was another mandate from the legislature without provision for funding. Mayor Benson asked if this City was liable if our City's Plan does not meet the RCWD requirements. Mr. Stahlberg said the 509 Plan does not state what nutrient removal is and also noted this could be a changing requirement. Mr. Marier said good house keeping practices and controls on the use of fertilizers will be a start. There was discussion regarding lawn fertilizers and how other metro communities are trying to control its use. Mr. Reinert asked if whatever Lino Lakes puts together for implementation of its water quality plan will be OK with RCWD. Mr, Weidenbacher said if Lino Lakes prepares a plan that will'improve water quality to the maximum practical extent, yes. Mr. Weidenbacher also explained that RCWD will be reasonable in looking at the gray areas. He also noted that most people are unable to establish rigid rules for nutrient removal but they need to exert their'own best effort, such as use of wet lands and ponding. RCWD will monitor each city to be sure the approved plan is followed. Mr. Weidenbacher explained that phosphorus causes about 90% of the nutrient problems. Mr. Bisel asked if this was a metro problem. Mr. Weidenbacher said yes. Mr. Bisel asked why legislation such as the smoking ban could not be enacted instead of each community trying to handle the problem separately. Mr. Cardinal told the Council that the City will be updated on all final changes. Mayor Benson asked that the City Administrator follow up with Shoreview to see how their ordinance on the use of phosphorus is working. Mayor Benson thanked Mr. Cardinal and Mr. Weidenbacher for coming this evening. PAGE 3 123 1',24 COUNCIL MEETING DECEMBER 28, 1987 SECOND READING. ORDINANCE NO. 22 - 87, PARK DEDICATION AMENDMENT Mr. Bisel moved to adopt Ordinance No. 22 - 87. Mr. Bisel seconded the motion. Mrs. Anderson read the Ordinance. The motion carried unanimously. Ordinance No. 22 - 87 is written in the December 14, 1987 minutes. PUBLIC HEARING - VACATION OF PORTION OF DETENTION BASINS. LOIS LANE, RESOLUTION NO. 70 - 87 Mayor Benson opened the public hearing at 8:13 P.M. Mr. Brad Racutt, owner of Lots 12 and 13, Block 2, Lakeview Woodlands explained he has purchased these lots and plans to build on each of them. His engineer has redesigned the holding ponds on these lots so that he can build driveways without taking out many of the tress. He has received RCWD approval of his plan and Mr. Stahlberg, City Engineer has also reviewed Mr. Racutt's plan and has found no problems. Mr. Bohjanen moved to close the public hearing at 8:17 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bisel moved to adopt Resolution No. 70 87 and Mr. Bohjanen seconded the motion. Mrs. Anderson read the Resolution. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 70 - 87 RESOLUTION VACATING A PORTION OF DETENTION BASINS ON CERTAIN LOTS IN LAKEVIEW WOODLAND SUBDIVISION WHEREAS, Prefection Preferred Construction Company has re- quested that a portion of the detention basins on Lots 12 and 13, Block 2, Lakeview Woodlands be vacated, and WHEREAS, The detention basins have been recalculated and approved by City Engineer, Ron Stahlberg and a permit has been obtained from Rice Creek Water- shed District, and WHEREAS, A public hearing was held on December 28, 1987 before the City Council in the City Hall after due published and posted notice had been given PAGE 4 1 1 1 COUNCIL MEETING DECEMBER 28, 1981 by the Clerk on December 1st and December 8th, 1987 and all persons interested were given an opportunity to be heard, and WHEREAS, It appears that it will be in the best interest of the City to vacate a portion of the detention basins, and WHEREAS, Four fifths of all the members of the Council con- cur in this resolution, NOW THEREFORE, BE IT RESOLVED, that the portion of detention basins outlined in the attached drawing is hereby vacated. Adopted by the Council of the City of Lino Lakes this 28th day of December, 1987. Ake alp- Marilyn G. Anderson, Clerk- Treasurer ENGINEER'S REPORT - RON STAHLBERG ''",717: Mayor Cost Recovery for Aerial Photographs - Resolution No. 76 - 87 - This agenda item was discussed at the 6:00 P.M. meeting today. Mr. Reinert was concerned that a copy of all maps be retained in the City offices and he said a statement to this effect should be added to the Resolution. Mr. Stahlberg explained that he has at his office original reproducible maps produced by TKDA for this City. The City does receive copies of all maps. The originals are kept at his office so that he can reproduce copies on request. He felt the contract between TKDA and the City outlines that all originals are owned by the City and will be turned over to the City when /if the contract is not renewed. Mr. Marier moved to approve Resolution No. 76 - 87 and dispense with the reading. Mr. Bisel seconded the motion. Motion carried unanimously. PAGE 5 CITY OF LINO LAKES RESOLUTION NO. 76 - 87 n 125 1 =26 COUNCIL MEETING DECEMBER 28, 1987 A RESOLUTION ESTABLISHING COST RECOVERY PROCEDURES FOR ORTHOPHOTO CONTOUR MAPS WHEREAS, The City of Lino Lakes has entered into a contract with Horizons, Inc., of Rapid City, South Dakota, for preparation of orthophoto- contour maps (scale of 1" = 200' and 2' intervals). The maps shall conform to the Anoka County format for 1/2 section maps. WHEREAS, Blue line prints of the maps will be available in the Lino Lakes City Hall for inspection and re- view. The original maps will be on file in the offices of TKDA. NOW THEREFORE, BE IT RESOLVED: 1. Copies of the maps will be made available for the cost of $50.00 each per 1/2 section sheet. If more than one copy of each sheet is requested, the cost of each add- itional copy shall be $5.00 per sheet. 2. The City will collect a fee of $10.00 per acre on all plats prior to the plat being submitted to the Planning Commission for preliminary review. 3. The City will also add a fee of 1% of the construction cost to all construction projects at the time the special assessment is levied. 4. This policy will become effective on January 1, 1988. Passed by the City Council of ino Lakes this 28th day of "December, 1987. in G. Ben Mayor Marilyn . Anderson, Clerk- Treasurer 74th Street Feasibility. Resolution No. 77 - 87 - Mr. Stahlberg explained that the Council has received a petition for the improvement of a portion of 74th Street. A feasibility report has been completed. Mr. Marier questioned the table on page six of the study. Mr. PAGE 6 1 1 1 COUNCIL MEETING DECEMBER 28, 1987 Stahlberg said he would revise the table to reflect the total cost for each parcel. Mr. Reinert moved to approve Resolution No. 77 - 87. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 77 - 87 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT OF A PORTION OF 74TH STREET WHEREAS, Pursuant to resolution of the Council adopted on September 14, 1987, a report has been pre - pared by City Engineer, Ron Stahlberg with re- ference to the improvement of a portion of 74th Street all within the north 1/2 of Section 18, Township 31, Range 22, and this report was re- ceived by the Council on December 28, 1987. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. The Council will consider the improvement of such street in accordance with the report and the assess- ment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the City Charter at an estimated cost of the improvement of $80,330.00. 2. A public hearing shall be held on such proposed im- provement on the eighth day of February, 1988 in the Council chambers of the City Hall at 7:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Council this t M.ari1 y Anderson, Clerk- Treasurer y of Dec 1987. Benj PAGE 7 enson, Mayor 2 128 COUNCIL MEETING DECEMBER 28, 1987 Verbal Report, Trunk Water Mai, Proiect - Mr. Stahlberg noted that the control system for pumphouse no. 2 will be revised and the controls in pumphouse no. 1 will also have to be modified to be integrated with the control system in pumphouse no. 2. This work is scheduled for early 1988. Mr. Stahlberg updated the Council on the progress of the installation of the trunk water main. The project is well ahead of schedule. The contractor is waiting for the water to freeze in Rice Creek so that the crossing can be completed. 80th Street Update - Mr. Marier asked Mr. Stahlberg for an update of this project. Mr. Stahlberg explained all plans and permits are completed and the City is awaiting bridge funding from the legislature. The legislature will meet in late January to consider this matter. Mayor Benson said our Senator and Representative should be targeted and pressure put on the legislature for establishment of this funding. Mr. Marier moved to have the. City Administrator contact the legislative bodies that issue funding for bridges and express concenr about the bridge funding bonding bill. Mr. Reinert seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins did not have a report. CLERK'S REPORT- MARILYN ANDERSON Mrs. Anderson explained the following Resolutions are recommended by the City Auditor to close certain funds which are no longer active. Resolution No. 72 - 87, Transfer Balance from Federal Revenue Sharing Fund to General Fund and Close Fund - Mr. Reinert moved to approve this Resolution. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 72 - 87 RESOLUTION AUTHORIZING THE CITY CLERK TO TRANSFER FEDERAL REVENUE SHARING FUNDS WHEREAS, There exists a balance of $2,376.93 in the Federal PAGE 8 1 1 1 1 COUNCIL MEETING DECEMBER 28, 1987 Revenue Sharing Fund Account, and WHEREAS, Federal Revenue Sharing funding has been discon- tinued by the Federal Government and no further receipts are anticipated, and WHEREAS, The City Council authorized the expenditure of all unexpended funds, NOW THEREFORE BE IT RESOLVED, That the Lino Lakes City Clerk be authorized to trans- fer from the Federal Revenue Sharing Fund account the amount of $2,376.93 to be transferred to the General Fund and close the Federal Revenue Sharing Fund perman- ently. Passed by the City Counci day of December, 1987. Benja' n G. - :enso , Mayor P44arl nUG. Anderson, Clerk- Treasurer Y Resolution No. 73 - 87, Transfer Funds into LAWCON Fund to Close Fund - Mr. Bohjanen moved to approve this Resolution. Mr. Bisel seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 73 - 87 RESOLUTION AUTHORIZING THE CITY CLERK TO TRANSFER FUNDS INTO THE LAWCON FUND TO PERMANENTLY CLOSE THE FUND WHEREAS, WHEREAS, There exists a deficit balance in the LAWCON Fund in the amount of $44,282.77, and Country Lakes Park has been completed and no further Federal or State Funds will be received and no further expenditure is expected, and WHEREAS, The City did levy a one time levy of $30,000 in 1981 and collected in 1982 as part of the City matching funding, and PAGE 9 129 130 COUNCIL MEETING DECEMBER 28, 1987 WHEREAS, The City did determine that the balance of the funding of Country Lakes Park would come from the Dedicated Park Fund, NOW THEREFORE BE IT RESOLVED, That the Lino Lakes City Clerk be authorized to trans- fer from the General Fund the unused portion of the $30,000 levy in the amount of $14,112.74 to the LAWCON Fund. That the Lino Lakes City Clerk be authorized to trans- fer from the Dedicated Park Fund $30,047.84 to the LAWCON Fund to fund the remaining deficit balance in the LAWCON Fund. That the Lino Lakes City Clerk be authorized to close the LAWCON Fund permanently. Passed by the City Counci 8th day of tecember, 1987. enson Mayor Marilyn G. Anderson, Clerk- Treasurer Resolution No. 74 - 87. Transferrino Funds from Improvement Bond Fund 77 - 01 to General Fund and Close the Fund - Mr. Marier moved to approve this Resolution. Mr. Bisel seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 74 - 87 RESOLUTION AUTHORIZING THE CITY CLERK TO TRANSFER THE BALANCE OF FUND FROM THE 77 - 01 IMPROVEMENT BOND FUND TO GENERAL FUND TO CLOSE THE 77 - 01 IMPROVEMENT BOND FUND PERMANENTLY WHEREAS, WHEREAS, PAGE 10 There exists a balance of $17,060.39 in the 77 - 01 Improvement Bond Fund, and the 1977 Improvement Bond has been entirely retired and no further expenditure is anticipated. 1 1 1 COUNCIL MEETING DECEMBER 28, 1987 NOW THEREFORE BE IT RESOLVED, That the Lino Lakes City Clerk be authorized to trans- fer from the 77 - 01 Improvement Bond Fund the balance of $17,060.30 to the General Fund and permanently close the 77 - 01 Improvement Bond Fund. Passed by the City Counci -:th day of D- mber, 1987. .1 111111 - -woe or ly. Anderson, Clerk- Treasurer enjam' G. Benson, Ma Re olution No. 75 - 87, Transfer Funds from Tomahawk Til /Weber's Addition Construction Fund to 1985 Improvement Bond Fund and Close the Fund - Mr. Reinert moved to approve this Resolution. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 75 - 87 RESOLUTION AUTHORIZING THE CITY CLERK TO CLOSE THE TOMAHAWK TRAIL /WEBER'S ADDITION FUND BALANCE TO THE 1985 IMPROVEMENT BOND FUND WHEREAS, WHEREAS, There exists a balance of $303.89 in the Tomahawk Trail /Weber's Addition Construction Fund, and Construction has been completed and approved by the City Engineer, NOW THEREFORE BE IT RESOLVED, That the balance of $303.89 in the Tomahawk Trail/ Weber's Addition Construction Fund be transferred to the 1985 Bond Fund and the City Clerk be authorized to close the Construction Fund. Passed by the City Council t PAGE 11 th day of ►_ _ -__..• er, 1987. 131 132 COUNCIL MEETING DECEMBER 28, 1987 Benjamin G. Benson, Mayor Marlyn G. Anderson, Clerk- Treasurer PLANNING AND ZONING REPORT - PETE KLUEGEL Set Public Hearing - Game Farm, Conditional Use Permit. Ed Vaughn, January 25, 1987, 8:00 P.M. - Mr. Marier moved to set the public hearing. Mr. Bisel seconded the motion. Motion carried unanimously. First Reading of Ordinance No. 06 - 87, Parking and Use of Semi - Trailers for Storage Purposes - After discussion regarding the use of trailers on farms, Mr. Bisel moved to approve the first reading of Ordinance No. 06 - 87 as presented. Mr. Reinert seconded the motion. Mrs. Anderson read the Ordinance. Motion carried unanimously. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 06 - 87 AN ORDINANCE AMENDING THE CITY CODE, APPENDIX'B, ZONING ORDINANCE OF THE CITY OF LINO LAKES BY AMENDING EXTERIOR STORAGE REQUIREMENTS. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota passed by the City Council on May 24, 1983 is hereby amended regarding Exterior Storage. AMENDING: Appendix B, Section 4, Subdivision (24) Exterior Storage is amended to read as follows: (5) Parking and use of semi- trailers for storage purposes is prohibited in all districts. Ex- ceptions include construction sites and nor- mal farming operations. Unlicensed and or abandoned trailers shall be prohibited in all zones. PAGE 12 1 1 1 COUNCIL MEETING DECEMBER 28, 1987 II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. III. This Ordinance shall be in full force and effect from and after its pasage and publication according to City Charter. Passed by the City Council this day of 1988. Anderson, Clerk- Treasurer OLD BUSINESS Discussion of Fire Station No.3 Replacement Report - Mr. Andy Neal explained that he understood that the major concern is that Centerville needs a new fire hall and would like Lino Lakes to share in the costs. Mayor Benson referred to a newspaper article regarding the joint Lino Lakes, Centerville Council meeting on December 7, 1987. He restated the Lino Lakes Council position on station No. 3 and referred to the Joint Powers Agreement regarding replacement policies. Mr. Marier said he did not feel Lino Lakes should expend funds for a station located in the City of Centerville. Mr. Reinert felt this Council was clear in its direction to the Fire Commission; look at the picture for the Fire District as a whole and not make a decision on station No. 3 until the Commission has studied the entire situation. Mr. Neal expressed concern because both cities have the same attorney and felt this could lead to problems in this matter. Mr. Marier referred to the RCWD minutes of October 28, 1987 and approved on November 12, 1987 regarding the proposed construction of a ditch and swale between Lino Lakes and PAGE 13 1: 33 134 COUNCIL MEETING DECEMBER 28, 1987 Centerville. He asked that the City Administrator have this item clarified. NEW BUSINESS Oak Wilt Seminar, Anoka County, Tuesday, January 5, 1988 - Mr. Bisel moved to have Mr. Bohjanen attend this seminar as a representative from this Council and have Mr. Bohjanen update the Council on this matter. Mr. Marier seconded the motion. Motion carried unanimously. Mr. Marier moved to have the staff establish a policy to update the Council on such matters as bonding, progress of completion of projects such as Rice Lake Estates, any liabilities such as utilities not being paid and updates on projects the Council is dealing with at least every quarter. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Marier moved to adjourn at 9:00 P.M. Mr. Bohjanen seconded the motion. Aye. These minutes were considered and approved at a regular council meeting on January 11, 1988. 64,/cLikAN MARILYN GU ANDERSON Clerk- Treasurer mow damik. '1' BEN I G " : ' ON Mayor